SUB-PART TWO
Matters Relating to Ownership
‘Awārid at-Temellok
Having explained in Part One the means through which ownership is achieved, such as possession, rent, gifts and sale, and detailed their rulings, we are going to explain in Part Two what occurs with the owned asset or right, in fields such as companies, debts, deposits, misappropriation (ghasb), banking, lending, guarantees, money transfers, plus other related matters, such as endorsement and power of attorney, in addition to matters for which we could not find a better place except in this part, which is oaths, vows, food, drink and attonement (kaffārah), summarising in this part the rulings of each section – total of eighteen sections – as is appropriate for the areas of common test (mahal ibtilā’).
Contents:
SUB-PART TWO: Matters Relating to Ownership
Section 1: Companies (Ash-Shirkāt)
Section 2: Speculation (Al-Modārabah)
Section 3: Pre-emption (Ash-Shof‘ah)
Section 4: Loans and Debts (Al-Qard and Ad-Dayn)
Chapter 1: Loans
Chapter 2: Debt
(A) Postponement and its rulings
(B) Paying back the debt
C) Unilaterally-performed compensation
(D) Selling the debt
(E) Bankruptcy (iflās)
Section 5: Mortgage (Ar-Rahn)
Section 6: Guarantee (Al-Kafālah)
Section 7: Security (addamān)
Section 8: Transfer (Al-hawālah)
Section 9: Banking Transactions
(A) On the Islamic lawfulness of the
banking transactions and services
(B) Deposits
(C) Lending
(D) Opening a letter of credit (LC)
(E) Acting as middleman (wasath)
in business transactions
(F) Collecting IOU’s and paying off debts
(G) Guarantee (kafālah)
Section 10: Deposits (Al-Wadi’ah)
Section 11: Things Lost and Found
(A) Rulings for foundlings
(B) Animals
(C) The asset
Section 12: Misappropriation (Al-Ghasb)
(A) Returning misappropriated assets
(B) Compensating benefits
(C) Security of rights
Additional rulings
Section 13: Compensation for Damage (damān At-Tālaf)
(A) Damage that makes compensation obligatory
(B) How to pay compensation
Section 14: Power of Attorney (Al-Wakālah)
Addendum on the law profession
Section 15: Admission (Al-Iqrār)
Section 16: Oaths, Covenants and Vows
(Al-Yamīn, Al-‘Ahd and An-Nazr)
(A) Oaths
(B) Vows
(C) Covenants
Section 17: Atonements (Al-Kaffārāt)
Section 18: Food and Drink (Al-at’imah and Al-Ashribah)